IIB 

115TH CONGRESS 

2D SESSION H. R. 4257 

IN THE SENATE OF THE UNITED STATES 

JUNE 26, 2018 

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

AN ACT 

To maximize land management efficiencies, promote land 

conservation, generate education funding, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Advancing Conserva3 tion and Education Act’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds that— 

6 (1) at statehood, Congress granted each of the 

7 western States land to be held in trust by the States 

8 and used for the support of public schools and other 

9 public institutions; 

10 (2) since the statehood land grants, Congress 

11 and the executive branch have created multiple Fed12 eral conservation areas on Federal land within the 

13 western States, including National Parks, National 

14 Monuments, national conservation areas, national 

15 grassland, components of the National Wilderness 

16 Preservation System, wilderness study areas, and 

17 national wildlife refuges; 

18 (3) since statehood land grant land owned by 

19 the western States are typically scattered across the 

20 public land, creation of Federal conservation areas 

21 often include State land grant parcels with substan22 tially different management mandates, making land 

23 and resource management more difficult, expensive, 

24 and controversial for both Federal land managers 

25 and the western States; and 


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1 (4) allowing the western States to relinquish 

2 State trust land within Federal conservation areas 

3 and to select replacement land from the public land 

4 within the respective western States, would— 

5 (A) enhance management of Federal con6 servation areas by allowing unified management 

7 of those areas; and 

8 (B) increase revenue from the statehood 

9 land grants for the support of public schools 

10 and other worthy public purposes. 

11 SEC. 3. DEFINITIONS. 

12 In this Act: 

13 (1) APPLICATION.—The term ‘‘application’’ 

14 means an application for State relinquishment and 

15 selection of land made under this Act in accordance 

16 with section 5. 

17 (2) ELIGIBLE AREA.—The term ‘‘eligible area’’ 

18 means land within the outer boundary of— 

19 (A) a unit of the National Park System; 

20 (B) a component of the National Wilder21 ness Preservation System; 

22 (C) a unit of the National Wildlife Refuge 

23 System; 

24 (D) a unit of the National Landscape Con25 servation System; 


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1 (E) an area determined by the Bureau of 

2 Land Management, through an inventory car3 ried out in accordance with FLPMA, to have 

4 wilderness characteristics— 

5 (i) as of the date of enactment of this 

6 Act; or 

7 (ii) in a land use plan finalized under 

8 FLPMA; 

9 (F) National Forest System land and pub10 lic land administered by the Bureau of Land 

11 Management that has been designated as a na12 tional monument, national volcanic monument, 

13 national recreation area, national scenic area, 

14 inventoried roadless area, unit of the Wild and 

15 Scenic Rivers System, wilderness study area, or 

16 Land Use Designation II (as described by sec17 tion 508 of the Alaska National Interest Lands 

18 Conservation Act (Public Law 101–626; 104 

19 Stat. 4428)); or 

20 (G) a sentinel landscape designated by the 

21 Secretary of Agriculture, the Secretary of De22 fense, and the Secretary of the Interior. 

23 (3) FLPMA.—The term ‘‘FLPMA’’ means the 

24 Federal Land Policy and Management Act of 1976 

25 (43 U.S.C. 1701 et seq.). 


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1 (4) PRIORITY AREA.—The term ‘‘priority area’’ 

2 means land within the outer boundary of any— 

3 (A) National Monument; 

4 (B) national conservation area managed by 

5 the Bureau of Land Management; 

6 (C) component of the National Wilderness 

7 Preservation System; or 

8 (D) unit of the National Park System. 

9 (5) PUBLIC LAND.— 

10 (A) IN GENERAL.—The term ‘‘public land’’ 

11 has the meaning given the term ‘‘public lands’’ 

12 in section 103 of FLPMA (43 U.S.C. 1702). 

13 (B) EXCLUSIONS.—The term ‘‘public 

14 land’’ does not include Federal land that— 

15 (i) is within an eligible area; 

16 (ii) is within an area of critical envi17 ronmental concern established pursuant to 

18 section 202(c)(3) of FLPMA (43 U.S.C. 

19 1712(c)(3)); 

20 (iii) is within an area withdrawn or 

21 reserved by an Act of Congress, the Presi22 dent, or public land order for a particular 

23 public purpose or program, including for 

24 the conservation of natural resources; 


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1 (iv) has been acquired using funds 

2 from the Land and Water Conservation 

3 Fund established under section 200302 of 

4 title 54, United States Code; 

5 (v) is within the boundary of an In6 dian reservation, pueblo, or rancheria; or 

7 (vi) is within a special recreation man8 agement area. 

9 (6) SECRETARY.—The term ‘‘Secretary’’ means 

10 the Secretary of the Interior. 

11 (7) STATE LAND GRANT PARCEL.—The term 

12 ‘‘State land grant parcel’’ means— 

13 (A) any land granted to a western State by 

14 Congress through a statehood or territorial land 

15 grant for the support of public education or 

16 other public institutions, or subsequently ac17 quired by the western State for that purpose; or 

18 (B) land granted to the State of Alaska 

19 under subsections (a), (b), and (k) of section 6 

20 of the Act of July 7, 1958 (commonly known as 

21 the ‘‘Alaska Statehood Act’’) (48 U.S.C. note 

22 prec. 21; Public Law 85–508). 

23 (8) TRADITIONAL CULTURAL PROPERTY.—The 

24 term ‘‘traditional cultural property’’ has the mean25 ing given the term— 


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1 (A) ‘‘historic property’’ in section 800.16 

2 of title 36, Code of Federal Regulations (as in 

3 effect on the date of enactment of this Act); or 

4 (B) ‘‘sacred site’’ in section 1(b) of Execu5 tive Order No. 13007 (42 U.S.C. 1996 note; re6 lating to Indian sacred sites). 

7 (9) WATER RIGHT.—The term ‘‘water right’’ 

8 means any right in or to groundwater, surface 

9 water, or effluent under Federal, State, or other law. 

10 (10) WESTERN STATE.—The term ‘‘western 

11 State’’ means any of the States of Alaska, Arizona, 

12 California, Colorado, Idaho, Montana, New Mexico, 

13 North Dakota, Oregon, South Dakota, Utah, Wash14 ington, and Wyoming. 

15 SEC. 4. RELINQUISHMENT OF STATE LAND GRANT PAR16 CELS AND SELECTION OF REPLACEMENT 

17 LAND. 

18 (a) AUTHORITY TO SELECT.—In accordance with 

19 this Act and in order to facilitate the fulfillment of the 

20 mandates of State land grant parcels and Federal land 

21 described in subparagraphs (A) through (G) of section 

22 3(2), on approval by the Secretary of an application under 

23 section 5, a western State may relinquish to the United 

24 States State land grant parcels wholly or primarily within 


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1 eligible areas and select in exchange public land within the 

2 western State. 

3 (b) VALID EXISTING RIGHTS.—Land conveyed under 

4 this Act shall be subject to valid existing rights. 

5 (c) MANAGEMENT AFTER RELINQUISHMENT.—Any 

6 portion of a State land grant parcel acquired by the 

7 United States under this Act that is located within an eli8 gible area shall— 

9 (1) be incorporated in, and be managed as part 

10 of, the applicable unit described in subparagraphs 

11 (A) through (G) of section 3(2) in which the land is 

12 located without further action by the Secretary with 

13 jurisdiction over the unit; and 

14 (2) if located within the National Forest Sys15 tem, be administered by the Secretary of Agriculture 

16 in accordance with— 

17 (A) the Act of March 1, 1911 (commonly 

18 known as the ‘‘Weeks Law’’) (16 U.S.C. 552 et 

19 seq.); and 

20 (B) any laws (including regulations) appli21 cable to the National Forest System and the 

22 unit of the National Forest System in which the 

23 land is located. 

24 (d) LIMITATION.— 


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1 (1) IN GENERAL.—Except as provided in para2 graphs (2) and (3), until a western State has relin3 quished and conveyed to the United States substan4 tially all of the State land grant parcels located in 

5 priority areas in the western State, the western 

6 State may not apply to relinquish State land grant 

7 parcels in other eligible areas in the western State. 

8 (2) EXCEPTION.—The Secretary may waive the 

9 limitation in paragraph (1) on a determination that 

10 the relinquishment and conveyance to the United 

11 States of substantially all State land grant parcels 

12 located in priority areas in the western State is im13 practical or infeasible. 

14 (3) OTHER STATE LAND GRANT PARCELS.—The 

15 Secretary may accept an application from a western 

16 State to relinquish State land grant parcels within 

17 an eligible area in the western State if— 

18 (A) the application is limited to relin19 quishing one or more State land grant parcels 

20 within a single eligible area; 

21 (B) the western State submitting the ap22 plication is, as determined by the Secretary, 

23 making substantial progress in relinquishing 

24 State land grant parcels within priority areas in 

25 the western State; and 


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1 (C) the Secretary has not accepted any 

2 other applications from the western State under 

3 this paragraph during the 5-year period ending 

4 on the date of the application. 

5 SEC. 5. PROCESS. 

6 (a) PROCESS FOR APPLICATION.— 

7 (1) IN GENERAL.—Not later than 540 days 

8 after the date of the enactment of this Act and in 

9 accordance with this section, the Secretary shall pro10 mulgate regulations establishing a process by which 

11 the western States may request the relinquishment 

12 of State land grant parcels wholly or partially within 

13 eligible areas and select public land in exchange for 

14 the State land grant parcels. 

15 (2) TIMING.—Except as provided in section 

16 8(c), the process established by the Secretary under 

17 this section shall ensure that the relinquishment of 

18 State land grant parcels and the conveyance of pub19 lic land is concurrent. 

20 (b) PUBLIC NOTICE.—Prior to accepting or con21 veying any land under this Act, the Secretary shall provide 

22 public notice and an opportunity to comment on the pro23 posed conveyances between the western State and the 

24 United States. 

25 (c) ENVIRONMENTAL ANALYSIS.— 


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1 (1) IN GENERAL.—Except as otherwise pro2 vided in this subsection, the Secretary shall acquire 

3 State land grant parcels and convey public land 

4 under this Act in accordance with— 

5 (A) the National Environmental Policy Act 

6 of 1969 (42 U.S.C. 4321 et seq.); and 

7 (B) other applicable laws. 

8 (2) ENVIRONMENTAL ASSESSMENT OR ENVI9 RONMENTAL IMPACT STATEMENT.—In preparing an 

10 environmental assessment or environmental impact 

11 statement pursuant to section 102(2) of the Na12 tional Environmental Policy Act of 1969 (42 U.S.C. 

13 4332(2)) for the acquisition of State land grant par14 cels and the conveyance of public land under this 

15 Act, if the western State has indicated an unwilling16 ness to consider State land grant parcels for relin17 quishment or public land for acquisition (other than 

18 the State land grant parcels and public land de19 scribed in the proposed agency action), the Secretary 

20 is not required to study, develop, and describe more 

21 than— 

22 (A) the proposed agency action; and 

23 (B) the alternative of no action. 

24 (d) AGREEMENTS WITH STATES.— 


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1 (1) IN GENERAL.—The Secretary is authorized 

2 to enter into agreements with any of the western 

3 States to facilitate processing of applications and 

4 conveyance of selected land. 

5 (2) AGREEMENT.—On completion of a pre6 application process that includes identification of 

7 land to be conveyed, the Secretary and the western 

8 State may enter into a nonbinding agreement that 

9 includes— 

10 (A) a time schedule for completing the con11 veyances; 

12 (B) an assignment of responsibility for 

13 performance of required functions and for costs 

14 associated with processing the conveyances; and 

15 (C) a statement specifying whether as16 sumption of costs will be allowed pursuant to 

17 section 8(d). 

18 (e) APPROVAL OR REJECTION.—The Secretary— 

19 (1) shall issue a final determination on an ap20 plication not later than 3 years after the date a 

21 western State submits that application to the Sec22 retary; 

23 (2) may approve an application in whole or in 

24 part, or as modified by the Secretary as necessary 


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1 to balance the equities of the States and interest of 

2 the public; 

3 (3) shall not accept an application under this 

4 Act for selection of any parcel of public land that in 

5 the judgment of the Secretary— 

6 (A) is not reasonably compact and consoli7 dated; 

8 (B) will create significant management 

9 conflicts with respect to the management of ad10 jacent Federal land; 

11 (C) will significantly adversely affect public 

12 use of a recreation site or recreation area eligi13 ble for the collection of recreation fees under 

14 the Federal Lands Recreation Enhancement 

15 Act (16 U.S.C. 6801 et seq.) or other authority; 

16 (D) will significantly adversely affect pub17 lic access, hunting, fishing, recreational shoot18 ing, outdoor recreation, or result in adverse im19 pacts to critical fish and wildlife habitat; or 

20 (E) is not in the public interest, as deter21 mined under 43 Code of Federal Regulations 

22 2200.0-6(b), as in effect on the date of enact23 ment of this Act; 

24 (4) shall not accept any State land grant par25 cels that, in the judgment of the Secretary, are not 


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1 suitable for inclusion in the applicable unit described 

2 in subparagraphs (A) through (G) of section 3(2) in 

3 which the land is located; 

4 (5) shall, prior to approving an application, con5 sult with the head of any Federal agency with juris6 diction over Federal land— 

7 (A) within which a western State proposes 

8 to relinquish a State land grant parcel; or 

9 (B) that is adjacent to public land pro10 posed for conveyance to a western State; 

11 (6) shall, prior to approving an application— 

12 (A) consult, in accordance with Federal 

13 law, with any Indian tribe affected by the sub14 ject of the application, including any Indian 

15 tribe that notifies the Secretary that there is 

16 traditional cultural property located within the 

17 public land proposed for conveyance to the 

18 western State; and 

19 (B) if the Secretary determines that tradi20 tional cultural property is located within the 

21 public land proposed for conveyance to the 

22 western State, consider the extent to which pro23 tection would be available for the traditional 

24 cultural property after conveyance of the public 

25 land to the western State, including terms or 


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1 conditions that the Secretary, with the agree2 ment of the western State, may impose on the 

3 conveyance of the public land to the western 

4 State; 

5 (7) may reject an application in whole or in 

6 part if the Secretary, after consideration of available 

7 protection for traditional cultural property located 

8 within the public land proposed for conveyance to 

9 the western State pursuant to paragraph (6)(B), de10 termines that insufficient protection would be avail11 able for the traditional cultural property after con12 veyance of the public land to the western State; 

13 (8) shall, for applications by a western State for 

14 the conveyance of a parcel of public land that will 

15 result in significantly diminished public access to ad16 jacent Federal land— 

17 (A) reject that portion of the application; 

18 or 

19 (B) reserve a right-of-way through the 

20 public land to be conveyed ensuring continued 

21 public access to adjacent Federal land; and 

22 (9) shall convey any public land approved for 

23 selection not later than 1 year after entering into a 

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1 ern State on the land to be conveyed, subject to such 

2 other terms and conditions as may be appropriate. 

3 (f) COSTS.— 

4 (1) IN GENERAL.—All costs of conveyances 

5 under this Act, including appraisals, surveys, and re6 lated costs, shall be paid equally by the Secretary 

7 and the western State. 

8 (2) ALLOCATION.—The Federal agency that re9 ceives State land in a conveyance under this Act 

10 shall assume the Federal share of administrative 

11 costs, including appraisals, surveys, and related 

12 costs, unless otherwise agreed to by the heads of the 

13 respective agencies. 

14 (g) CONVEYANCE BY WESTERN STATE.— 

15 (1) IN GENERAL.—The conveyance of any State 

16 land grant parcel under this Act shall— 

17 (A) be by patent or deed acceptable to the 

18 Secretary; and 

19 (B) not be considered an exchange or ac20 quisition for purposes of sections 205 and 206 

21 of FLPMA (43 U.S.C. 1715, 1716). 

22 (2) CONCURRENCE.—The Secretary of Agri23 culture shall concur in any determination to accept 

24 the conveyance of a State land grant parcel within 


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1 the boundaries of any unit of the National Forest 

2 System. 

3 (h) CONVEYANCE BY UNITED STATES.—The convey4 ance of public land by the United States shall— 

5 (1) not be considered a sale, exchange, or con6 veyance under section 203, 206, or 209 of FLPMA 

7 (43 U.S.C. 1713, 1716, and 1719); and 

8 (2) include such terms or conditions as the Sec9 retary may require. 

10 SEC. 6. MINERAL LAND. 

11 (a) SELECTION AND CONVEYANCE.— 

12 (1) IN GENERAL.—Subject to this Act, a west13 ern State may select, and the Secretary may convey, 

14 land that is mineral in character under this Act. 

15 (2) EXCLUSION.—A western State may not se16 lect, and the Secretary may not convey land that in17 cludes only— 

18 (A) a portion of a mineral lease or permit; 

19 (B) the Federal mineral estate, unless the 

20 United States does not own the associated sur21 face estate; or 

22 (C) the Federal surface estate, unless the 

23 United States does not own the associated min24 eral estate. 

25 (b) MINING CLAIMS.— 


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1 (1) MINING CLAIMS UNAFFECTED.—Nothing in 

2 this Act alters, diminishes, or expands the existing 

3 rights of a mining claimant under applicable law. 

4 (2) VALIDITY EXAMS.—Nothing in this Act re5 quires the United States to carry out a mineral ex6 amination for any mining claim located on public 

7 land to be conveyed under this Act. 

8 (3) WITHDRAWAL.—Public land selected by a 

9 western State for acquisition under this Act is with10 drawn, subject to valid existing rights, from location, 

11 entry, and patent under the mining laws until that 

12 date on which— 

13 (A) the land is conveyed by the Federal 

14 Government to the western State; 

15 (B) the Secretary makes a final determina16 tion not accepting the selection of the land; or 

17 (C) the western State withdraws the selec18 tion of the land. 

19 SEC. 7. CONSTRUCTION WITH OTHER LAWS. 

20 (a) CONSIDERATION.—In the application of laws, reg21 ulations, and policies relating to selections made under 

22 this Act, the Secretary shall consider the equities of the 

23 western States and the interest of the public. 


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1 (b) LAND USE PLAN.—The Secretary may approve 

2 an application submitted in accordance with this Act even 

3 if— 

4 (1) the selected public land is not otherwise 

5 identified for disposal; or 

6 (2) the land to be acquired is not identified to 

7 be acquired in the applicable land use plan. 

8 SEC. 8. VALUATION. 

9 (a) EQUAL VALUE.— 

10 (1) IN GENERAL.—The overall value of the 

11 State land grant parcels and the public land to be 

12 conveyed shall be— 

13 (A) equal; or 

14 (B) if the value is not equal— 

15 (i) equalized by the payment of funds 

16 to the western State or to the Secretary as 

17 the circumstances require; or 

18 (ii) reflected on the balance of a ledg19 er account established under subsection 

20 (c). 

21 (2) APPRAISAL REQUIRED.—Except as provided 

22 in subsection (b), the Secretary shall determine the 

23 value of a State land grant parcel and public land 

24 through an appraisal completed in accordance 

25 with— 


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1 (A) the Uniform Appraisal Standards for 

2 Federal Land Acquisitions; and 

3 (B) the Uniform Standards for Profes4 sional Appraisal Practice. 

5 (3) EQUALIZATION.—For each transaction, an 

6 equalization payment described in paragraph 

7 (1)(B)(i) or a ledger entry described in paragraph 

8 (1)(B)(ii) may not exceed 25 percent of the total 

9 value of the land or interest transferred out of Fed10 eral ownership. 

11 (b) LOW VALUE PARCELS.— 

12 (1) VALUATION.—The Secretary may, with the 

13 consent of a western State, use a summary appraisal 

14 or statement of value made by a qualified appraiser 

15 carried out in accordance with the Uniform Stand16 ards for Professional Appraisal Practice instead of 

17 an appraisal that complies with the Uniform Ap18 praisal Standards for Federal Land Acquisitions if 

19 the western State and the Secretary agree that the 

20 market value of a State land grant parcel or a parcel 

21 of public land is— 

22 (A) less than $500,000; and 

23 (B) less than $500 per acre. 

24 (2) DIVISION.—A State land grant parcel or a 

25 parcel of public land may not be artificially divided 


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1 in order to qualify for a summary appraisal or state2 ment of value under paragraph (1). 

3 (c) LEDGER ACCOUNTS.— 

4 (1) IN GENERAL.—The Secretary and any west5 ern State may agree to use a ledger account to make 

6 equal the value of land relinquished by the western 

7 State and conveyed by the United States to the 

8 western State under this Act. 

9 (2) IMBALANCES.—A ledger account described 

10 in paragraph (1) shall reflect imbalances in value to 

11 be reconciled in a subsequent transaction. 

12 (3) ACCOUNT BALANCING.—Each ledger ac13 count shall be— 

14 (A) balanced not later than 3 years after 

15 the date on which the ledger account is estab16 lished; and 

17 (B) closed not later than 5 years after the 

18 date of the last conveyance of land under this 

19 Act. 

20 (d) COSTS.— 

21 (1) IN GENERAL.—The Secretary or the west22 ern State may assume costs or other responsibilities 

23 or requirements for conveying land under this Act 

24 that ordinarily are borne by the other party. 


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1 (2) ADJUSTMENT.—If the Secretary assumes 

2 costs or other responsibilities under paragraph (1), 

3 the Secretary shall make adjustments to the value of 

4 the public land conveyed to the western State to 

5 compensate the Secretary for assuming the costs or 

6 other responsibilities. 

7 (e) ADJUSTMENT.—If value is attributed to any par8 cel of public land that has been selected by a western State 

9 because of the presence of minerals under a lease entered 

10 into under the Mineral Leasing Act (30 U.S.C. 181 et 

11 seq.) that is in a producing or producible status, and the 

12 lease is to be conveyed under this Act, the value of the 

13 parcel shall be reduced by the amount that represents the 

14 likely Federal revenue sharing obligation under that Act, 

15 but the adjustment shall not be considered as reflecting 

16 a property right of the western State. 

17 SEC. 9. MISCELLANEOUS. 

18 (a) HAZARDOUS MATERIALS.— 

19 (1) IN GENERAL.—The Secretary and the west20 ern States shall make available for review and in21 spection any record relating to hazardous materials 

22 on land to be conveyed under this Act. 

23 (2) CERTIFICATION.—The Secretary and the 

24 western State shall each complete an inspection and 

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1 veyed under this Act before the completion of the 

2 conveyance. 

3 (b) WATER RIGHTS.— 

4 (1) STATE-HELD APPURTENANT WATER

5 RIGHTS.—Any conveyance of a State land grant par6 cel under this Act may include the conveyance of 

7 State-held water rights appurtenant to the land con8 veyed in accordance with applicable law. 

9 (2) FEDERALLY HELD APPURTENANT WATER

10 RIGHTS.—Any conveyance of public land under this 

11 Act may include the conveyance of federally held 

12 water rights appurtenant to the land conveyed in ac13 cordance with applicable Federal and State law. 

14 (3) EFFECT.—Nothing in this Act— 

15 (A) creates an implied or expressed Fed16 eral reserved water right; 

17 (B) affects a valid existing water right; or 

18 (C) affects the use of water conveyance in19 frastructure associated with a water right de20 scribed in subparagraph (B). 

21 (c) GRAZING PERMITS.— 

22 (1) IN GENERAL.—If land conveyed under this 

23 Act is subject to a lease, permit, or contract for the 

24 grazing of domestic livestock in effect on the date of 

25 the conveyance, the Secretary (or the Secretary of 


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1 Agriculture for land located within the National For2 est System) and the western State shall allow the 

3 grazing to continue for the remainder of the term of 

4 the lease, permit, or contract, subject to the related 

5 terms and conditions of user agreements, including 

6 permitted stocking rates, grazing fee levels, access, 

7 and ownership and use of range improvements. 

8 (2) RENEWAL.—On expiration of any grazing 

9 lease, permit, or contract described in paragraph 

10 (1), the party that has jurisdiction over the land on 

11 the date of expiration may elect to renew the lease, 

12 permit, or contract if permitted under applicable 

13 law. 

14 (3) CANCELLATION.— 

15 (A) IN GENERAL.—Nothing in this Act 

16 prevents the Secretary (or the Secretary of Ag17 riculture for land located within the National 

18 Forest System) or the western State from can19 celing or modifying a grazing permit, lease, or 

20 contract if the land subject to the permit, lease, 

21 or contract is sold, conveyed, transferred, or 

22 leased for nongrazing purposes. 

23 (B) LIMITATION.—Except to the extent 

24 reasonably necessary to accommodate surface 

25 operations in support of mineral development, 


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1 the Secretary (or the Secretary of Agriculture 

2 for land located within the National Forest Sys3 tem) or the western State shall not cancel or 

4 modify a grazing permit, lease, or contract for 

5 land conveyed pursuant to this Act because the 

6 land subject to the permit, lease, or contract 

7 has been leased for mineral development. 

8 (4) BASE PROPERTIES.—If land conveyed by 

9 the western State under this Act is used by a graz10 ing permittee or lessee to meet the base property re11 quirements for a Federal grazing permit or lease, 

12 the land shall continue to qualify as a base property 

13 for the remaining term of the lease or permit and 

14 the term of any renewal or extension of the lease or 

15 permit. 

16 (5) RANGE IMPROVEMENTS.—Nothing in this 

17 Act prohibits a holder of a grazing lease, permit, or 

18 contract from being compensated for range improve19 ments pursuant to the terms of the lease, permit, or 

20 contract under existing Federal or State laws. 

21 (d) ROAD RIGHTS-OF-WAYS.— 

22 (1) IN GENERAL.—If land conveyed under this 

23 Act is subject to a road lease, road right-of-way, 

24 road easement, or other valid existing right in effect 

25 on the date of the conveyance, the Secretary (or the 


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1 Secretary of Agriculture for land located within the 

2 National Forest System) and the western State shall 

3 allow the lease, right-of-way, easement, or other 

4 valid existing right to continue for the remainder of 

5 the term of the lease, right-of-way, easement, or 

6 other valid existing right, subject to the applicable 

7 terms and conditions of the lease, right-of-way, ease8 ment, or other valid existing right. 

9 (2) RENEWAL.—On expiration of any road 

10 lease, road right-of-way, road easement, or other 

11 valid existing right described in paragraph (1), the 

12 party that has jurisdiction over the land on the date 

13 of expiration may elect to renew the lease, right-of14 way, easement, or other valid existing right if per15 mitted under applicable law. 

16 (e) PROTECTION OF INDIAN RIGHTS.— 

17 (1) TREATY RIGHTS.—Nothing in this Act al18 ters or diminishes the treaty rights of any Indian 

19 tribe. 

20 (2) LAND HELD IN TRUST.—Nothing in this 

21 Act affects— 

22 (A) land held in trust by the Secretary for 

23 any Indian tribe; or 

24 (B) any individual Indian allotment. 


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1 (3) EFFECT.—Nothing in this Act alters, di2 minishes, or enlarges the application of— 

3 (A) division A of subtitle III of title 54, 

4 United States Code (formerly known as the 

5 ‘‘National Historic Preservation Act’’ (16 

6 U.S.C. 470 et seq.)); 

7 (B) the Native American Graves Protec8 tion and Repatriation Act (25 U.S.C. 3001 et 

9 seq.); 

10 (C) Public Law 95–341 (commonly known 

11 as the ‘‘American Indian Religious Freedom 

12 Act’’) (42 U.S.C. 1996); 

13 (D) chapter 3125 of title 54, United States 

14 Code; or 

15 (E) the Archaeological Resources Protec16 tion Act of 1979 (16 U.S.C. 470aa et seq.). 

17 SEC. 10. EFFECT. 

18 Nothing in this Act repeals or limits, expressly or by 

19 implication, any authority in existence on the date of en20 actment of this Act for the selection or exchange of land. 

21 SEC. 11. TERMINATION OF AUTHORITY. 

22 (a) IN GENERAL.—Subject to subsection (b), the pro23 visions of this Act shall cease to be effective with regard 

24 to any State land grant parcel located within an eligible 

25 area for which an application has not been filed by the 


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1 date that is 20 years after the date of the enactment of 

2 this Act. 

3 (b) NEW ELIGIBLE AREAS.—If the application de4 scribed in subsection (a) is for a State land grant parcel 

5 that is located within an eligible area established after the 

6 date of enactment of this Act, the provisions of this Act 

7 shall remain effective for 20 years after the date on which 

8 the new eligible area is established. 

Passed the House of Representatives June 25, 2018. 

Attest: KAREN L. HAAS, 

Clerk. 


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